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Home My WebLink AboutOrdinance 6063 07/21/2003 . . . \lAc ^,-'\l 0 t.I ORDINANCE NO. OF ?u e 6063 (SPECIAL) AN ORDINANCE V ACA TING A PUBLIC UTILITY EASEMENT IN THE CITY OF SPRINGFIELD, LANE COUNTY OREGON. WHEREAS, The Springfield City Council has declared its intention to vacate a Public Utility Easement in the City of Springfield; and WHEREAS, The application for vacation was submitted in confonnance with the provisions ofORS 271.080 et seq., and with the provisions of Section 3.050 of the Springfield Development Code; and WHEREAS, the findings and testimony submitted by the applicant and those in support of this easement vacation satisfy the criteria of approval for vacations found in Section 9.030 of the Springfield Development Code; and WHEREAS, such vacation is in the best interest of the City in carrying out its plans and programs for the general development ofthe City; and WHEREAS, lawful notice of the proposed vacation was published and posted; and WHEREAS, the Springfield City Council met in Council Chambers at 225 Fifth Street, on Monday, the 7th day of July, 2003, at the hour of 7 :00 p.m., to hear public testimony and comment regarding the proposed vacation; NOW THEREFORE, THE CITY COUNCIL DOES ORDAIN: Section 1: The Council finds legal notice of the hearing was duly given, lawfully published and posted; that the requirements ofORS 217.080 et seq. have been met, the consent of the owners of the requisite area has been obtained; public interest will not be impaired by the vacation of the easement and the said easement vacation will be in the interest of the public and benefit the property involved. Section 2: The public easement in the City of Springfield, as described in Exhibit A of this Ordinance, is declared to be vacated. Section 3: The findings set forth in the Staff Report dated July 7, 2003, attached hereto as Exhibit B and incorporated herein by reference, are hereby adopted in support of the vacation. Section 4: It is a further condition of this vacation that nothing herein contained shall ,cause or require the removal of or abandonment of any sanitary or stonn sewer l~ne, water main, gas main, maintenance/access road, conduit of any kind, pole or thing used or intended for any public service. The right is hereby reserved for the owner of any such utility or thing to maintain, continue, repair, reconstruct, renew, replace, rebuild and enlarge any and all such things under existing or future easements. A~TER RECORDING RETURN TO: c/rv C1? ~f7/l(.1J4r~iS~O -Z "2.5" PI ffll' .sr; ~ M 14/" F 1/$",0, eNd 97'177 . Section 5: The City Recorder is directed to file certified copies of this ordinance with the Lane County Clerk, Lane County Assessor, and Lane County Surveyor. ADOPTED by the Common Council of the City of Springfield by a vote of ~ in favor and ~ against this 21st day of July ,2003. APPROVED by the Mayor ofthe City of Springfield this 21st day of July ::~ST: V '~ Mayor ~ J) ~ City Recorder . REVIEWED [1 APPROVED AS TO FORM -J~.")~\-, .~ ~\~ DATE: -h1~1_) ? DC '"'3> OFFICE OF CITY ATTORNEY This instrument was acknowledged before me on Su..I~ r:2{ / aDD,?; by Sidney W. Leiken as Mayor f the City of Springfield. .. NOTARY~ ~R= My commission expires: I r';J-;J-;}CrD 9 : ,': OFFICIAL SEAL f). ... AMY L SOWA' ;' .) NOTARYPU~L1G. - oRl~PN;.. \.: ../COMMISSION:NO. 397942' . .' MY COMMISSIO~:EXPIRESNOV:22,200.~ '.' ,;;-. , ' . . . . ~XHiBIT A DESCRIPTION FOR THE EXISTING 7.00 FOOT P.D.E. TO BE VACATED LOCATED ALONG EAST BORDER OF LOT 12 - 16 Beginning at a point on the line common to Lots 16 and 17 of THURSTON GREENS, as platted and recorded in Lane County Oregon Deed Records on September 17, 2002 Recorders Reception No. 2002-071779, said point being North 00003' 33" West 7.00 feet from the Southeast corner of said Lot 16; run thence North 89032'50" West 7.00 feet, thence North 00003'33" West 294.51 feet, thence South 89023'34"East 7.00 feet, thence South 00003'33" West 294.44 feet to the Place of Beginning, in Springfield, Lane County, Oregon. c E)C-IfIB/T 73 . CITY OF SPRINGFIELD VACATION REQUEST ST AFF REPORT AND FINDINGS Case Number: LRP2003-00008 Property Owners: A.V. Chapman, President of Valley Development Lawrence Clarke, President of Lawrence Clarke Builders Applicant: Kane Hellebust L.B. Olson & Associates 1410 Oak St., Suite 200 Eugene, OR 97401 Date of Recommendation: July 7, 2003 Request . The applicant, L.B. Olson & Associates, is requesting to vacate a seven-foot wide Public Utility Easement (PUE) in the Thurston Greens Subdivision, as there are no existing utilities located within it. The applicant is also requesting to vacate a portion of a 20-foot wide PUE in the Thurston Greens Subdivision because there are no public utilities located within that portion of the PUE. Site Information The subject property is located at 620d Street and E Street, Assessor's Map Number 17-02-34-24', Tax Lots 5100, 5200, 5300, 5400, 5500 and 5600. The property is also referred to as Lots 11-16 of the Thurston Greens Subdivision Plat (C.S. File Number 37702), filed with Lane County on September 17,2002. . Background . Thurston Greens Subdivision received Tentative Approved by the City May 26,2000, Journal Number 2000-01-016. At the time of Tentative Approval, it was recognized by City staff that the existing 7-foot PUE running along the eastern property line of Lots 12-16 would be unnecessary. The applicant was directed to seek the City's approval for vacation of this PUE. . At Final Plat a separate 20-foot PUE was dedicated for a stormwater and sanitary sewer line with a maintenance access road for the adjoining storm water detention swale. During the process of constructing the public improvement~, it became apparent that the existing PUE would not adequately accommodate future maintenance and repair of these public improvements. The applicant is proposing to vacate a portion of the existing PUE and has-dedicated an additional6- feet to the north of the existing PUE to accommodate future maintenance and repair of the storm water and sanitary sewer line. (Please see Attachment 3 for a detailed diagram of the proposal) The resulting PUE between Lots 11 and 12 of the Thurston Greens Subdivision will be . 25-feet wide and is sufficient to accommodate all existing and potential public needs. The City's Planning and Public Works Engineering Staff have reviewed this request and support a recommendation of approval. Springfield Development Code Criteria Springfield Development Code (SDC) Section 9.030 states the following criteria must be met in order to approve the Vacation request: 1. The Vacation is in conformance with the Metro Plan including any adopted Street Plans and or Conceptual Plans;, Finding: The Metro Plan is a long-range general plan that does not specifically address vacations of Public Utility Easements. Chapter III-G of the Metro Plan Text does address the provision of a full-range of key urban services to developments within the City. This Vacation proposal will not affect the provision of key urban services to affected or surrounding properties because stonnwater drainage and maintenance and sanitary sewer functions will be provided through a recently dedicated 25-foot PUE running between Lots 11 and 12 of the Thurston Greens Subdivision. Finding: The subject area will be served by a full-range of key urban services, therefore, Criterion 1 has been fulfilled. . 2. There are no negative effects on access, traffic circulation and emergency service protection; or any other public benefit derived from the easement, right of way or plat. Finding: TIns request involves Public Utility Easements originally created to protect public utilities; therefore, Vacation proposal will have no negative effects on access, traffic circulation or emergency service protection. Finding: There is no public benefit being derived from the 7-foot PUE running along the eastern property line of Lots 12-16 of the Thurston Greens Subdivision since there are no utilities located within it. Moreover, the City of Springfield utility providers have indicated there is no future plan to locate utilities within this 7- foot PUE. Finding: There will be no negative effects on the public benefit by vacating a portion of the 20-foot PUE running between Lots 11 and 12 of the Thurston Greens Subdivision because there are no public utilities located within that portion of the PUE. The property owner dedicated on April 28th, 2003 (Lane County Deeds and Records Reception No. 2003-037312) an additiona16-feet to the north of the existing PUE to accommodate future repair and maintenance of the existing public utilities. The resulting PUE between Lots 11 and 12 of the Thurston Greens Subdivision will be 25-feet wide and is sufficient to accommodate all existing and potential public needs. Finding: This Vacation proposal will have no negative effects on access, traffic circulation, emergency service prote.ction or public benefit, therefore, Criterion 2 has been fulfilled. . . . . p . . . Conclusion This Vacation request is consistent with the Criteria of Approval set forth in Article 9, Vacations, of the Springfield Development Code. Action Requested Staff recommends the City Council approve the Vacation request by motion based on the findings in this staff report. -..:\ . ,...-- - ---- - ----.- -- - -- , Division 0' Chie' Depuly Clerk 2nne.M~11~ Lane Counly Deeds and Records UUg U~~ ~ J /If II 11I11I11 I III fill III II " II 111111 III 1//111/111 $56 . 00 : 0080597520060033113007007005/12/2006 11 :00:27 AM RPR-VAC Cnl=l Sln=6 CASHIER 07 $35.00 $10.00 $11.00 , "'------------- --'-'-'- ---.--n___.____u_.__ / - - --~- - - - -.- - - - ~, . .